49 U.S.C. § 20157 — Implementation of positive train control

Page 588 TITLE 49—TRANSPORTATION § 20157 to chapter 213 for a violation of this section, in- cluding the failure to submit, certify, or comply with a safety risk reduction program, risk miti- gation plan, technology implementation plan, or fatigue management plan. (Added Pub. L. 110–432, div. A, title I, § 103(a), Oct. 16, 2008, 122 Stat. 4853; amended Pub. L. 114–94, div. A, title XI, § 11316(e), Dec. 4, 2015, 129 Stat. 1676.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Rail Safety Improve- ment Act of 2008, referred to in subsec. (a)(1), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008. AMENDMENTS 2015—Subsec. (c). Pub. L. 114–94, § 11316(e)(1), inserted comma after ‘‘In developing its railroad safety risk re- duction program’’. Subsec. (g)(1). Pub. L. 114–94, § 11316(e)(2), inserted comma after ‘‘good faith’’ and substituted ‘‘nonprofit’’ for ‘‘non-profit’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. § 20157. Implementation of positive train control systems (a) IN GENERAL.— (1) PLAN REQUIRED.—Not later than 90 days after the date of enactment of the Positive Train Control Enforcement and Implementa- tion Act of 2015, each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger trans- portation shall submit to the Secretary of Transportation a revised plan for imple- menting a positive train control system by December 31, 2018, governing operations on— (A) its main line over which intercity rail passenger transportation or commuter rail passenger transportation, as defined in sec- tion 24102, is regularly provided; (B) its main line over which poison- or toxic-by-inhalation hazardous materials, as defined in sections 171.8, 173.115, and 173.132 of title 49, Code of Federal Regulations, are transported; and (C) such other tracks as the Secretary may prescribe by regulation or order. (2) IMPLEMENTATION.— (A) CONTENTS OF REVISED PLAN.—A revised plan required under paragraph (1) shall— (i) describe— (I) how the positive train control sys- tem will provide for interoperability of the system with the movements of trains of other railroad carriers over its lines; and (II) how, to the extent practical, the positive train control system will be im- plemented in a manner that addresses areas of greater risk before areas of less- er risk; (ii) comply with the positive train con- trol system implementation plan content requirements under section 236.1011 of title 49, Code of Federal Regulations; and (iii) provide— (I) the calendar year or years in which spectrum will be acquired and will be available for use in each area as needed for positive train control system imple- mentation, if such spectrum is not al- ready acquired and available for use; (II) the total amount of positive train control system hardware that will be in- stalled for implementation, with totals separated by each major hardware cat- egory; (III) the total amount of positive train control system hardware that will be in- stalled by the end of each calendar year until the positive train control system is implemented, with totals separated by each hardware category; (IV) the total number of employees re- quired to receive training under the ap- plicable positive train control system regulations; (V) the total number of employees that will receive the training, as required under the applicable positive train con- trol system regulations, by the end of each calendar year until the positive train control system is implemented; (VI) a summary of any remaining tech- nical, programmatic, operational, or other challenges to the implementation of a positive train control system, in- cluding challenges with— (aa) availability of public funding; (bb) interoperability; (cc) spectrum; (dd) software; (ee) permitting; and (ff) testing, demonstration, and cer- tification; and (VII) a schedule and sequence for im- plementing a positive train control sys- tem by the deadline established under paragraph (1). (B) ALTERNATIVE SCHEDULE AND SE- QUENCE.—Notwithstanding the implementa- tion deadline under paragraph (1) and in lieu of a schedule and sequence under paragraph (2)(A)(iii)(VII), a railroad carrier or other en- tity subject to paragraph (1) may include in its revised plan an alternative schedule and sequence for implementing a positive train control system, subject to review under paragraph (3). Such schedule and sequence shall provide for implementation of a posi- tive train control system as soon as prac- ticable, but not later than the date that is 24 months after the implementation deadline under paragraph (1). (C) AMENDMENTS.—A railroad carrier or other entity subject to paragraph (1) may file a request to amend a revised plan, in- cluding any alternative schedule and se- quence, as applicable, in accordance with section 236.1021 of title 49, Code of Federal Regulations. Page 589 TITLE 49—TRANSPORTATION § 20157 (D) COMPLIANCE.—A railroad carrier or other entity subject to paragraph (1) shall implement a positive train control system in accordance with its revised plan, including any amendments or any alternative schedule and sequence approved by the Secretary under paragraph (3). (3) SECRETARIAL REVIEW.— (A) NOTIFICATION.—A railroad carrier or other entity that submits a revised plan under paragraph (1) and proposes an alter- native schedule and sequence under para- graph (2)(B) shall submit to the Secretary a written notification when such railroad car- rier or other entity is prepared for review under subparagraph (B). (B) CRITERIA.—Not later than 90 days after a railroad carrier or other entity submits a notification under subparagraph (A), the Secretary shall review the alternative sched- ule and sequence submitted pursuant to paragraph (2)(B) and determine whether the railroad carrier or other entity has dem- onstrated, to the satisfaction of the Sec- retary, that such carrier or entity has— (i) installed all positive train control system hardware consistent with the plan contents provided pursuant to paragraph (2)(A)(iii)(II) on or before the implementa- tion deadline under paragraph (1); (ii) acquired all spectrum necessary for implementation of a positive train control system, consistent with the plan contents provided pursuant to paragraph (2)(A)(iii)(I) on or before the implementa- tion deadline under paragraph (1); (iii) completed employee training re- quired under the applicable positive train control system regulations; (iv) included in its revised plan an alter- native schedule and sequence for imple- menting a positive train control system as soon as practicable, pursuant to paragraph (2)(B); (v) certified to the Secretary in writing that it will be in full compliance with the requirements of this section on or before the date provided in an alternative sched- ule and sequence, subject to approval by the Secretary; (vi) in the case of a Class I railroad car- rier and Amtrak, implemented a positive train control system or initiated revenue service demonstration on the majority of territories, such as subdivisions or dis- tricts, or route miles that are owned or controlled by such carrier and required to have operations governed by a positive train control system; and (vii) in the case of any other railroad carrier or other entity not subject to clause (vi)— (I) initiated revenue service dem- onstration on at least 1 territory that is required to have operations governed by a positive train control system; or (II) met any other criteria established by the Secretary. (C) DECISION.— (i) IN GENERAL.—Not later than 90 days after the receipt of the notification from a railroad carrier or other entity under sub- paragraph (A), the Secretary shall— (I) approve an alternative schedule and sequence submitted pursuant to para- graph (2)(B) if the railroad carrier or other entity meets the criteria in sub- paragraph (B); and (II) notify in writing the railroad car- rier or other entity of the decision. (ii) DEFICIENCIES.—Not later than 45 days after the receipt of the notification under subparagraph (A), the Secretary shall pro- vide to the railroad carrier or other entity a written notification of any deficiencies that would prevent approval under clause (i) and provide the railroad carrier or other entity an opportunity to correct de- ficiencies before the date specified in such clause. (D) REVISED DEADLINES.— (i) PENDING REVIEWS.—For a railroad car- rier or other entity that submits a notifi- cation under subparagraph (A), the dead- line for implementation of a positive train control system required under paragraph (1) shall be extended until the date on which the Secretary approves or dis- approves the alternative schedule and se- quence, if such date is later than the im- plementation date under paragraph (1). (ii) ALTERNATIVE SCHEDULE AND SE- QUENCE DEADLINE.—If the Secretary ap- proves a railroad carrier or other entity’s alternative schedule and sequence under subparagraph (C)(i), the railroad carrier or other entity’s deadline for implementation of a positive train control system required under paragraph (1) shall be the date speci- fied in that railroad carrier or other enti- ty’s alternative schedule and sequence. The Secretary may not approve a date for implementation that is later than 24 months from the deadline in paragraph (1). (b) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance and guidance to railroad carriers in developing the plans re- quired under subsection (a). (c) PROGRESS REPORTS AND REVIEW.— (1) PROGRESS REPORTS.—Each railroad car- rier or other entity subject to subsection (a) shall, not later than March 31, 2016, and annu- ally thereafter until such carrier or entity has completed implementation of a positive train control system, submit to the Secretary a re- port on the progress toward implementing such systems, including— (A) the information on spectrum acquisi- tion provided pursuant to subsection (a)(2)(A)(iii)(I); (B) the totals provided pursuant to sub- clauses (III) and (V) of subsection (a)(2)(A)(iii), by territory, if applicable; (C) the extent to which the railroad carrier or other entity is complying with the imple- mentation schedule under subsection (a)(2)(A)(iii)(VII) or subsection (a)(2)(B); (D) any update to the information pro- vided under subsection (a)(2)(A)(iii)(VI); (E) for each entity providing regularly scheduled intercity or commuter rail pas- Page 590 TITLE 49—TRANSPORTATION § 20157 senger transportation, a description of the resources identified and allocated to imple- ment a positive train control system; (F) for each railroad carrier or other enti- ty subject to subsection (a), the total num- ber of route miles on which a positive train control system has been initiated for rev- enue service demonstration or implemented, as compared to the total number of route miles required to have a positive train con- trol system under subsection (a); and (G) any other information requested by the Secretary. (2) PLAN REVIEW.—The Secretary shall at least annually conduct reviews to ensure that railroad carriers or other entities are com- plying with the revised plan submitted under subsection (a), including any amendments or any alternative schedule and sequence ap- proved by the Secretary. Such railroad car- riers or other entities shall provide such infor- mation as the Secretary determines necessary to adequately conduct such reviews. (3) PUBLIC AVAILABILITY.—Not later than 60 days after receipt, the Secretary shall make available to the public on the Internet Web site of the Department of Transportation any report submitted pursuant to paragraph (1) or subsection (d), but may exclude, as the Sec- retary determines appropriate— (A) proprietary information; and (B) security-sensitive information, includ- ing information described in section 1520.5(a) of title 49, Code of Federal Regulations. (d) REPORT TO CONGRESS.—Not later than July 1, 2018, the Secretary shall transmit to the Com- mittee on Transportation and Infrastructure of the House of Representatives and the Com- mittee on Commerce, Science, and Transpor- tation of the Senate a report on the progress of each railroad carrier or other entity subject to subsection (a) in implementing a positive train control system. (e) ENFORCEMENT.—The Secretary is author- ized to assess civil penalties pursuant to chapter 213 for— (1) a violation of this section; (2) the failure to submit or comply with the revised plan required under subsection (a), in- cluding the failure to comply with the totals provided pursuant to subclauses (III) and (V) of subsection (a)(2)(A)(iii) and the spectrum acquisition dates provided pursuant to sub- section (a)(2)(A)(iii)(I); (3) failure to comply with any amendments to such revised plan pursuant to subsection (a)(2)(C); and (4) the failure to comply with an alternative schedule and sequence submitted under sub- section (a)(2)(B) and approved by the Sec- retary under subsection (a)(3)(C). (f) OTHER RAILROAD CARRIERS.—Nothing in this section restricts the discretion of the Sec- retary to require railroad carriers other than those specified in subsection (a) to implement a positive train control system pursuant to this section or section 20156, or to specify the period by which implementation shall occur that does not exceed the time limits established in this section or section 20156. In exercising such dis- cretion, the Secretary shall, at a minimum, con- sider the risk to railroad employees and the pub- lic associated with the operations of the railroad carrier. (g) REGULATIONS.— (1) IN GENERAL.—The Secretary shall pre- scribe regulations or issue orders necessary to implement this section, including regulations specifying in appropriate technical detail the essential functionalities of positive train con- trol systems, and the means by which those systems will be qualified. (2) CONFORMING REGULATORY AMENDMENTS.— Immediately after the date of the enactment of the Positive Train Control Enforcement and Implementation Act of 2015, the Secretary— (A) shall remove or revise the date-specific deadlines in the regulations or orders imple- menting this section to the extent necessary to conform with the amendments made by such Act; and (B) may not enforce any such date-specific deadlines or requirements that are incon- sistent with the amendments made by such Act. (3) REVIEW.—Nothing in the Positive Train Control Enforcement and Implementation Act of 2015, or the amendments made by such Act, shall be construed to require the Secretary to issue regulations to implement such Act or amendments other than the regulatory amendments required to conform with this section. (4) CLARIFICATION.— (A) PROHIBITIONS.—The Secretary is pro- hibited from— (i) approving or disapproving a revised plan submitted under subsection (a)(1); (ii) considering a revised plan under sub- section (a)(1) as a request for amendment under section 236.1021 of title 49, Code of Federal Regulations; or (iii) requiring the submission, as part of the revised plan under subsection (a)(1), of— (I) only a schedule and sequence under subsection (a)(2)(A)(iii)(VII); or (II) both a schedule and sequence under subsection (a)(2)(A)(iii)(VII) and an alter- native schedule and sequence under sub- section (a)(2)(B). (B) CIVIL PENALTY AUTHORITY.—Except as provided in paragraph (2) and this paragraph, nothing in this subsection shall be construed to limit the Secretary’s authority to assess civil penalties pursuant to subsection (e), consistent with the requirements of this sec- tion. (C) RETAINED REVIEW AUTHORITY.—The Sec- retary retains the authority to review re- vised plans submitted under subsection (a)(1) and is authorized to require modifications of those plans to the extent necessary to en- sure that such plans include the descriptions under subsection (a)(2)(A)(i), the contents under subsection (a)(2)(A)(ii), and the year or years, totals, and summary under sub- section (a)(2)(A)(iii)(I) through (VI). (h) CERTIFICATION.— (1) IN GENERAL.—The Secretary shall not permit the installation of any positive train Page 591 TITLE 49—TRANSPORTATION § 20157 1 See References in Text note below. 2 So in original. Probably should be preceded by ‘‘subsection’’. control system or component in revenue serv- ice unless the Secretary has certified that any such system or component has been approved through the approval process set forth in part 236 of title 49, Code of Federal Regulations, and complies with the requirements of that part. (2) PROVISIONAL OPERATION.—Notwith- standing the requirements of paragraph (1), the Secretary may authorize a railroad carrier or other entity to commence operation in rev- enue service of a positive train control system or component to the extent necessary to en- able the safe implementation and operation of a positive train control system in phases. (i) DEFINITIONS.—In this section: (1) EQUIVALENT OR GREATER LEVEL OF SAFE- TY.—The term ‘‘equivalent or greater level of safety’’ means the compliance of a railroad carrier with— (A) appropriate operating rules in place immediately prior to the use or implementa- tion of such carrier’s positive train control system, except that such rules may be changed by such carrier to improve safe op- erations; and (B) all applicable safety regulations, ex- cept as specified in subsection (j). (2) HARDWARE.—The term ‘‘hardware’’ means a locomotive apparatus, a wayside interface unit (including any associated legacy signal system replacements), switch position mon- itors needed for a positive train control sys- tem, physical back office system equipment, a base station radio, a wayside radio, a loco- motive radio, or a communication tower or pole. (3) INTEROPERABILITY.—The term ‘‘interoper- ability’’ means the ability to control loco- motives of the host railroad and tenant rail- road to communicate with and respond to the positive train control system, including unin- terrupted movements over property bound- aries. (4) MAIN LINE.—The term ‘‘main line’’ means a segment or route of railroad tracks over which 5,000,000 or more gross tons of railroad traffic is transported annually, except that— (A) the Secretary may, through regula- tions under subsection (g), designate addi- tional tracks as main line as appropriate for this section; and (B) for intercity rail passenger transpor- tation or commuter rail passenger transpor- tation routes or segments over which lim- ited or no freight railroad operations occur, the Secretary shall define the term ‘‘main line’’ by regulation. (5) POSITIVE TRAIN CONTROL SYSTEM.—The term ‘‘positive train control system’’ means a system designed to prevent train-to-train col- lisions, over-speed derailments, incursions into established work zone limits, and the movement of a train through a switch left in the wrong position. (j) EARLY ADOPTION.— (1) OPERATIONS.—From the date of enact- ment of the Positive Train Control Enforce- ment and Implementation Act of 2015 through the 1-year period beginning on the date on which the last Class I railroad carrier’s posi- tive train control system subject to subsection (a) is certified by the Secretary under sub- section (h)(1) of this section and is imple- mented on all of that railroad carrier’s lines required to have operations governed by a positive train control system, any railroad carrier, including any railroad carrier that has its positive train control system certified by the Secretary, shall not be subject to the oper- ational restrictions set forth in sections 236.567 and 236.1029 of title 49, Code of Federal Regulations, that would apply where a con- trolling locomotive that is operating in, or is to be operated in, a positive train control- equipped track segment experiences a positive train control system failure, a positive train control operated consist is not provided by an- other railroad carrier when provided in inter- change, or a positive train control system oth- erwise fails to initialize, cuts out, or malfunc- tions, provided that such carrier operates at an equivalent or greater level of safety than the level achieved immediately prior to the use or implementation of its positive train control system. (2) SAFETY ASSURANCE.—During the period described in paragraph (1), if a positive train control system that has been certified and im- plemented fails to initialize, cuts out, or mal- functions, the affected railroad carrier or other entity shall make reasonable efforts to determine the cause of the failure and adjust, repair, or replace any faulty component caus- ing the system failure in a timely manner. (3) PLANS.—The positive train control safety plan for each railroad carrier or other entity shall describe the safety measures, such as op- erating rules and actions to comply with ap- plicable safety regulations, that will be put in place during any system failure. (4) NOTIFICATION.—During the period de- scribed in paragraph (1), if a positive train control system that has been certified and im- plemented fails to initialize, cuts out, or mal- functions, the affected railroad carrier or other entity shall submit a notification to the appropriate regional office of the Federal Rail- road Administration within 7 days of the sys- tem failure, or under alternative location and deadline requirements set by the Secretary, and include in the notification a description of the safety measures the affected railroad car- rier or other entity has in place. (k) SMALL RAILROADS.—Not later than 120 days after the date of the enactment of this Act,1 the Secretary shall amend section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations (relating to equipping locomotives for applicable Class II and Class III railroads op- erating in positive train control territory) to ex- tend each deadline under such section by 3 years. (l) REVENUE SERVICE DEMONSTRATION.—When a railroad carrier or other entity subject to (a)(1) 2 notifies the Secretary it is prepared to initiate revenue service demonstration, it shall also no- Page 592 TITLE 49—TRANSPORTATION § 20157 tify any applicable tenant railroad carrier or other entity subject to subsection (a)(1). (m) REPORTS ON POSITIVE TRAIN CONTROL SYS- TEM PERFORMANCE.— (1) IN GENERAL.—Each host railroad subject to this section or subpart I of part 236 of title 49, Code of Federal Regulations, shall elec- tronically submit to the Secretary of Trans- portation a Report of PTC System Perform- ance on Form FRA F 6180.152, which shall be submitted on or before the applicable due date set forth in paragraph (3) and contain the in- formation described in paragraph (2), which shall be separated by the host railroad, each applicable tenant railroad, and each positive train control-governed track segment, con- sistent with the railroad’s positive train con- trol Implementation Plan described in sub- section (a)(1). (2) REQUIRED INFORMATION.—Each report sub- mitted pursuant to paragraph (1) shall include, for the applicable reporting period— (A) the number of positive train control system initialization failures, disaggregated by the number of initialization failures for which the source or cause was the onboard subsystem, the wayside subsystem, the com- munications subsystem, the back office sub- system, or a non-positive train control com- ponent; (B) the number of positive train control system cut outs, disaggregated by each com- ponent listed in subparagraph (A) that was the source or cause of such cut outs; (C) the number of positive train control system malfunctions, disaggregated by each component listed in subparagraph (A) that was the source or cause of such malfunc- tions; (D) the number of enforcements by the positive train control system; (E) the number of enforcements by the positive train control system in which it is reasonable to assume an accident or incident was prevented; (F) the number of scheduled attempts at initialization of the positive train control system; (G) the number of train miles governed by the positive train control system; and (H) a summary of any actions the host railroad and its tenant railroads are taking to reduce the frequency and rate of initialization failures, cut outs, and mal- functions, such as any actions to correct or eliminate systemic issues and specific prob- lems. (3) DUE DATES.— (A) IN GENERAL.—Except as provided in subparagraph (B), each host railroad shall electronically submit the report required under paragraph (1) not later than— (i) April 30, for the period from January 1 through March 31; (ii) July 31, for the period from April 1 through June 30; (iii) October 31, for the period from July 1 through September 30; and (iv) January 31, for the period from Octo- ber 1 through December 31 of the prior cal- endar year. (B) FREQUENCY REDUCTION.—Beginning on the date that is 3 years after the date of en- actment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary shall reduce the frequency with which host railroads are required to submit the report described in paragraph (1) to not less fre- quently than twice per year, unless the Sec- retary— (i) determines that quarterly reporting is in the public interest; and (ii) publishes a justification for such de- termination in the Federal Register. (4) TENANT RAILROADS.—Each tenant railroad that operates on a host railroad’s positive train control-governed main line and is not currently subject to an exception under sec- tion 236.1006(b) of title 49, Code of Federal Reg- ulations, shall submit the information de- scribed in paragraph (2) to each applicable host railroad on a continuous basis. (5) ENFORCEMENTS.—Any railroad operating a positive train control system classified under Federal Railroad Administration Type Approval number FRA–TA–2010–001 or FRA–TA–2013–003 shall begin submitting the metric required under paragraph (2)(D) not later than January 31, 2023. (Added Pub. L. 110–432, div. A, title I, § 104(a), Oct. 16, 2008, 122 Stat. 4856; amended Pub. L. 114–73, title I, § 1302(b), (c), Oct. 29, 2015, 129 Stat. 576, 582; Pub. L. 114–94, div. A, title XI, § 11315(d), Dec. 4, 2015, 129 Stat. 1675; Pub. L. 117–58, div. B, title II, § 22414, Nov. 15, 2021, 135 Stat. 744.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Positive Train Control Enforcement and Implementation Act of 2015, referred to in subsecs. (a)(1), (g)(2), and (j)(1), is the date of en- actment of section 1302 of Pub. L. 114–73, which was ap- proved Oct. 29, 2015. The Positive Train Control Enforcement and Imple- mentation Act of 2015, referred to in subsec. (g)(2), (3), is Pub. L. 114–73, title I, § 1302, Oct. 29, 2015, 129 Stat. 576, which amended this section and enacted provisions set out as a note under section 20101 of this title. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under sec- tion 20101 of this title and Tables. The date of the enactment of this Act, referred to in subsec. (k), probably means the date of enactment of section 1302 of Pub. L. 114–73, known as the Positive Train Control Enforcement and Implementation Act of 2015, which enacted subsec. (k) and was approved Oct. 29, 2015. The date of enactment of the Passenger Rail Expan- sion and Rail Safety Act of 2021, referred to in subsec. (m)(3)(B), is the date of enactment of title II of div. B of Pub. L. 117–58, which was approved Nov. 15, 2021. AMENDMENTS 2021—Subsec. (m). Pub. L. 117–58 added subsec. (m). 2015—Subsec. (a)(1). Pub. L. 114–73, § 1302(b)(1)(A)–(D), in introductory provisions, substituted ‘‘90 days after the date of enactment of the Positive Train Control En- forcement and Implementation Act of 2015’’ for ‘‘18 months after the date of enactment of the Rail Safety Improvement Act of 2008’’, ‘‘a revised plan for imple- menting’’ for ‘‘a plan for implementing’’, and ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2015’’ and struck out ‘‘develop and’’ before ‘‘submit to the Secretary of Transportation’’. Page 593 TITLE 49—TRANSPORTATION § 20160 Subsec. (a)(1)(B). Pub. L. 114–73, § 1302(b)(1)(E), sub- stituted ‘‘defined in sections’’ for ‘‘defined in parts’’. Subsec. (a)(2), (3). Pub. L. 114–73, § 1302(b)(2), added pars. (2) and (3) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘The plan shall describe how it will provide for interoperability of the system with movements of trains of other railroad carriers over its lines and shall, to the extent practical, implement the system in a manner that addresses areas of greater risk before areas of lesser risk. The railroad carrier shall implement a positive train control system in accordance with the plan.’’ Subsecs. (c) to (e). Pub. L. 114–73, § 1302(b)(3), added subsecs. (c) to (e) and struck out former subsecs. (c) to (e) which related, respectively, to review and approval of plans, progress report on implementation of positive train control systems, and enforcement of section. Subsec. (g). Pub. L. 114–73, § 1302(c), designated exist- ing provisions as par. (1), inserted heading, and added pars. (2) and (3). Subsec. (g)(3). Pub. L. 114–94, § 11315(d)(2), substituted ‘‘to conform with this section’’ for ‘‘by paragraph (2) and subsection (k)’’. Subsec. (g)(4). Pub. L. 114–94, § 11315(d)(1), added par. (4). Subsec. (h). Pub. L. 114–73, § 1302(b)(4), designated ex- isting provisions as par. (1), inserted heading, and added par. (2). Subsec. (i). Pub. L. 114–73, § 1302(b)(5), added pars. (1) and (2) and redesignated former pars. (1) to (3) as (3) to (5), respectively. Subsecs. (j) to (l). Pub. L. 114–73, § 1302(b)(6), added subsecs. (j) to (l). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. § 20158. Railroad safety technology grants (a) GRANT PROGRAM.—The Secretary of Trans- portation shall establish a grant program for the deployment of train control technologies, train control component technologies, processor- based technologies, electronically controlled pneumatic brakes, rail integrity inspection sys- tems, rail integrity warning systems, switch po- sition indicators and monitors, remote control power switch technologies, track integrity cir- cuit technologies, and other new or novel rail- road safety technology. (b) GRANT CRITERIA.— (1) ELIGIBILITY.—Grants shall be made under this section to eligible passenger and freight railroad carriers, railroad suppliers, and State and local governments for projects described in subsection (a) that have a public benefit of improved safety and network efficiency. (2) CONSIDERATIONS.—Priority shall be given to projects that— (A) focus on making technologies inter- operable between railroad systems, such as train control technologies; (B) accelerate train control technology de- ployment on high-risk corridors, such as those that have high volumes of hazardous materials shipments or over which com- muter or passenger trains operate; or (C) benefit both passenger and freight safe- ty and efficiency. (3) IMPLEMENTATION PLANS.—Grants may not be awarded under this section to entities that fail to develop and submit to the Secretary the plans required by sections 20156(e)(2) and 20157. (4) MATCHING REQUIREMENTS.—Federal funds for any eligible project under this section shall not exceed 80 percent of the total cost of such project. (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Sec- retary of Transportation $50,000,000 for each of fiscal years 2009 through 2013 to carry out this section. Amounts appropriated pursuant to this section shall remain available until expended. (Added Pub. L. 110–432, div. A, title I, § 105(a), Oct. 16, 2008, 122 Stat. 4858.) § 20159. Roadway user sight distance at highway- rail grade crossings Not later than 18 months after the date of en- actment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation, after con- sultation with the Federal Railroad Administra- tion, the Federal Highway Administration, and States, shall develop and make available to States model legislation providing for improv- ing safety by addressing sight obstructions, in- cluding vegetation growth, topographic fea- tures, structures, and standing railroad equip- ment, at highway-rail grade crossings that are equipped solely with passive warnings, as rec- ommended by the Inspector General of the De- partment of Transportation in Report No. MH–2007–044. (Added Pub. L. 110–432, div. A, title II, § 203(a), Oct. 16, 2008, 122 Stat. 4869; amended Pub. L. 114–94, div. A, title XI, § 11316(f), Dec. 4, 2015, 129 Stat. 1676.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Rail Safety Improve- ment Act of 2008, referred to in text, is the date of en- actment of div. A of Pub. L. 110–432, which was ap- proved Oct. 16, 2008. AMENDMENTS 2015—Pub. L. 114–94 substituted ‘‘the Secretary of Transportation’’ for ‘‘the Secretary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. § 20160. National crossing inventory (a) INITIAL REPORTING OF INFORMATION ABOUT PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or 6 months after a new crossing becomes oper- ational, whichever occurs later, each railroad carrier shall— (1) report to the Secretary of Transportation current information, including information about warning devices and signage, as speci- fied by the Secretary, concerning each pre-